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A Policy initiative on aviation safety and a possible revision of Regulation (EC) No 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency


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Please provide information to help us build your profile as a respondent. In accordance with Regulation 45/2001, all personal data collected through this survey will be kept securely and will ultimately be destroyed.
Please provide information to help us build your profile as a respondent. In accordance with Regulation 45/2001, all personal data collected through this survey will be kept securely and will ultimately be destroyed.
Please note that the questionnaire will only use your full contribution if your name, organisation (if you answer on behalf of an organisation or institution) and contact details are provided.If you choose not to provide your name, organisation and contact details, you have the option of submitting a general comment only.If you do choose to provide us with your name, organisation and contact details, you can still opt for your answers to remain anonymous when results are published.*


General comment.
A. Respondent's profile
1. First name.*
2. Last name.*
3. Organisation.
4. Address.*
5. City.*
6. Country.*
6b. Please specify "Other".
7. Email address.*
8. Contributions received from this survey may be published on the European Commission's website, with the identity of the contributor. Do you agree to your contribution being published under your name?*
9. Are you answering as an individual or on behalf of an organisation/institution?*
10. Please specify your main field of activity or how you are mainly linked to the aviation sector.*
10b. Please specify "Other".
10c. Air crew:*
10d. Air operator:*
11. If the organisation you work for is an enterprise, please give an indication of its size.
12. Place of establishment of your organisation/institution.*
12b. Please specify "Other".
13. Is your organisation registered in the Transparency Register of the European Commission?*
14. Please enter your registration number in the Transparency Register.(numbers only)*
B. Issues to be addressed
The aim of this section is to obtain stakeholders' views on the challenges currently faced in aviation safety.
1. What is your opinion on the following general statements?
2. Would you like to elaborate on your answers to the above statements?
3. What is your opinion on the following critical statements?
4. Would you like to elaborate on your answers, identify any other issues and/or suggest any actions to be taken?
Present safety rules
5. Overall, how do you rate safety rules in these areas?
6. Would you like to elaborate on your replies and/or suggest any actions to be taken?
The scope of rules
7. Does the legislative framework need to be adjusted/extended to accommodate the following market developments?
8. Would you like to elaborate on your replies and/or identify other market developments which should be covered?
Roles of the institutional players and organisation of regulatory oversightThe European Commission, EASA, as well as EU Member States, EEA States (Iceland, Liechtenstein and Norway) and Switzerland, each with their National Competent Authorities (National Aviation Authorities, National Surveillance Authorities) form together the so called 'EASA System'. Most rules are developed by EASA and adopted by the European Commission. Most rules are implemented by the EU Member States' competent authorities (eg. licensing of airlines and aircrew; authorisations for production and maintenance organisations) including oversight, or applied by the private sector. However, EASA is the competent authority for the implementation of rules related to airworthiness and environmental type-certification of aeronautical products, parts and appliances and for the oversight of organisations located in third countries or providing pan-European ATM services. Furthermore, EASA monitors the Member States’ authorities to ensure uniform implementation of European aviation safety legislation. The European Commission, generally speaking, retains tasks of legislation and is responsible for enforcement.
9. In your opinion, how good are the following organisations at fulfilling their core safety responsibilities?
10. Would you like to elaborate on your replies?
Through safety oversight Member States and EASA ensure that safety-related rules and requirements are met. Where EASA is not identified as the competent authority, it is the obligation of the national competent authorities to issue and oversee certificates, approvals and licences according to the EU rules in place. They must conduct investigations, including the inspection of aircraft having landed at airports on their territory, to prevent infringements.
11. What is your opinion on the following critical statements linked to regulatory oversight?
12. Would you like to elaborate on your answers, identify any other issues concerning oversight, and/or suggest any actions to be taken?
Coherence of the regulatory systemThe present aviation safety regulatory system has evolved over time and is characterised by a gradual transfer of competences for different aviation domains from the national to the EU level. Furthermore, European legislation has to be in line with International Standards and Recommended Practice issued by the International Civil Aviation Organisation (ICAO). In addition, technological progress may not always be reflected in the existing legislation. The same holds for new business models for airlines. The concern has been voiced that there are inconsistences between the different elements of the aviation safety regulatory system.
13. In your opinion, do the following regulatory issues exist and affect aviation safety negatively?
14. Would you like to elaborate on your replies, identify other concerns, and/or suggest any actions to be taken?
EU interests at international level
15. How good is the EU at showing international leadership in the following areas?
16. Would you like to elaborate on your replies, identify any other domains of international cooperation, or suggest actions to be taken?
C. Subsidiarity and EU value added
According to the principle of subsidiarity the European Union does not take action, unless it is more effective than action taken at national, regional or local level.
1. Are there any domains of aviation safety which, although today regulated by the EU could be better regulated at national level?Please elaborate possibly giving reasons.
2. Are there any domains of aviation safety which, although today regulated by the Member States, could be better regulated or need regulation at EU level?Please elaborate possibly giving reasons.
3. Would you like to highlight key contributing factors which are important when deciding whether a task (e.g. adoption of rules, oversight, conclusion of agreements) is best done at EU level, at national level or at organisational level?
4. Would you like to highlight any additional ideas relevant to subsidiarity and EU value added?
D. Identification of policy objectives
The Commission has drafted preliminary objectives for improving the regulatory framework. In this section, the Commission seeks to find out the degree to which stakeholders agree with these objectives and/or identify other objectives that may be taken into consideration in the legislative review. In the context of setting objectives an overall safety target could be defined.
1. Which overall target should be set at EU level?*
2. Would you like to elaborate on your replies, and/or suggest different targets?
3. How important do you consider the following aspects in the context of aviation regulation?
4. Would you like to elaborate on your answers, and/or propose other relevant aspects in the context of aviation safety regulation?
5. How important do you consider that the following objectives be addressed by the policy review?
6. Would you like to elaborate on your answers and/or propose any other objectives?
E. Policy options and their impacts
In this section, you are invited to indicate which policy options offer the greatest potential to reach the objectives specified in the previous section. While only selected key measures are addressed in this part of the questionnaire, you have an opportunity to present your detailed views on possible actions in different specific areas in the EASA A-NPA questionnaire, to which you are invited to reply as well.
E. I. Options and measures considered regarding the revision of the regulatory system
The Commission Roadmap on a policy initiative on aviation safety raises the question whether a more performance based regulatory system should be pursued to address safety challenges and issues of proportionality.A number of rules in aviation safety have developed over time based on a predominantly prescriptive regulatory approach. Other tools, such as performance-based regulation, might help to drive further improvements in aviation safety. Prescriptive regulation defines how activities are to be undertaken (e.g. what techniques or materials to use, what qualifications must be held), hence specifying mandatory methods of compliance. Performance-based or outcome-based regulation, however, puts emphasis on specifying a performance standard for the desired outcome and does not deliberately constrain how compliance is to be achieved.
1. What is your opinion on the statements below regarding the main benefits of detailed prescriptive aviation safety rules in this context?
2. What is your opinion on the statements below regarding the main shortcomings of detailed prescriptive aviation safety rules in this context?
3. Would you like to elaborate on your answers, and /or identify any other benefits and shortcomings of detailed prescriptive safety rules?
Further questions on a performance-based approach in aviation safety can be found in the EASA A-NPA questionnaire.The Commission Roadmap also puts the question whether a more risk-based approach should be followed in determining where and how to regulate, or what to inspect. A risk-based approach is understood as meaning that not all cases are treated equally, but that more attention goes to those activities which carry more risk and/or to those activities where the tolerance for risk is lower. For example, risk-based oversight would mean that authorities spend more resources to inspect a start-up company than a company with a strong safety record going back many years.
4. What is your opinion on the statements below regarding the main benefits of a risk based-approach to regulation?
5. What is your opinion on the statements below regarding the main shortcomings of a risk based-approach to regulation?
6. Would you like to elaborate on your answers, and /or identify any other benefits and shortcomings of a risk based approach to regulation?
With regard to regulation it has been suggested that the public authorities should not impose the same stringent safety rules on all types of aviation activities and operations alike because the risks and the cost/benefit of safety measures is different depending on the type of activities/operations. More involvement of public authority often goes along with additional costs and less flexibility.
7. Where should public authority (national or EU) intervene more or less with respect to assuring safety of the individual?Please rate from 1 (the highest need for protection) to 3 (the lowest need for protection).
8. Would you like to elaborate on your answers, and/or consider any other activities?
A safety management system (SMS) is a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures and aims at providing a structured management approach to control safety risks of a given operation.
9. What benefits do you expect from a greater reliance on Safety Management Systems (SMS)?
10. Would you like to elaborate on your answer?
E. II. Options and measures considered regarding the revision of governance, institutional roles and responsibilities
1. What is your opinion on the statements below regarding the revision of the institutional roles and responsibilities between European Commission, EASA and national competent authorities?
2. Would you like to elaborate on your answers and/or identify additional options for revision of roles and responsibilities?
3. From your own perspective (or the perspective of your organisation), in case responsibilities for certification/approval/oversight were reattributed which measure would you support?
4. Would you like to elaborate on your answers and/or identify additional options?
5. If you find that certain key elements about policy options have been missed, please specify these in the box below along with your comments.
F. Other questions
1. Would you like to highlight any specific ideas relevant to small and medium-sized enterprises (SMEs) in the context of this consultation?
2. Are there any other issues you would like to highlight in relation to this initiative (see the Commission Roadmap document)?
3. Please give reference to any studies or documents that you think are of relevance for this consultation, with links for online download where possible.You may also upload relevant documents.
4. Please upload relevant documents.
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